LS202 Lecture Notes - Social Stigma, Mens Rea, Regulatory Offence
5 Mar 2013
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Document Summary
S. 91 of the constitution says federal parliament has authority to decide what are crimes. Carries a penalty similar of criminal offence, but is subject to less complex court procedures than criminal offences. Regulates conduct in public interest, like securities regulations. Dealt at administrative tribunals and not in court. Impartial bodies ensure governments authority is exercised in fair way. Murder, sexual assault, hardcore criminal matters only dealt in criminal law. More severe penalties, social stigma, criminal record associated. True crimes - crime must prove beyond a reasonable doubt. Regulatory offences crown just proves actus reus. Will prevent people from committing the crime. Puts boundary on corporations since too many loopholes for individuals and corporations to get out of responsibility. No evidence that there is a higher standard of care when absolute liability. Difference from absolute: opportunity for one defense (one more chance) Selling alcohol to someone who was a minor, but asked for id and looked legit.
